H.D.F.C. Ergo General Insurance ... vs Shri Shahul Hamid Mohiddin Shah
2023 Latest Caselaw 849 Bom

                                                                          21-fa1167-2015+.doc


                      AGK
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                     FIRST APPEAL NO.1167 OF 2015
                                                  WITH
                                   CIVIL APPLICATION NO.3595 OF 2015
         Digitally
         signed by
         ATUL
ATUL     GANESH
GANESH   KULKARNI
KULKARNI Date:
         2023.01.25
         10:27:16



                      HDFC Ergo General Insurance Co. Ltd.
         +0530




                      Through Divisional Officer                  ... Appellant
                                V/s.
                      Shahul Hamid Mohiddin Shah & Anr.           ... Respondents


                      Ms. Sweta Shah with Mr. Aditya Mahadik i/by Mr. A.P.
                      Kulkarni for the appellant.
                      Mr. V.M. Parkar for respondent no.1.
                      Ms. Monica Poonia i/by Mr. V.R. Shinde for respondent
                      no.1.



                                                  CORAM : AMIT BORKAR, J.

                                                  DATED      : JANUARY 24, 2023
                      P.C.:

1. The insurance company has challenged the Award passed by the Commissioner for Employees Compensation directing the employer and insurer to pay amount of Rs.5,30,996/-.

2. According to the learned advocate for the claimant, the only point involved in the appeal is that the driver was not holding valid license on the date of the accident. He placed reliance on the judgment of the Himachal Pradesh High Court in Oriental Insurance Co. v. Deepa (Smt.) & Ors. reported in 2014 I CLR

21-fa1167-2015+.doc

457 which held that the said factor is not relevant and, therefore, according to the learned advocate for the claimant, the point involved in this appeal is covered. He also places reliance on the judgment of this Court in Narayan Sahadu Patil & Ors v. Kalashri Vijay Dhamke reported in 2008 (2) B.C.R. 298 which has taken same view.

3. Learned advocate for the appellant, therefore, seeks time to prepare himself.

4. Stand over to 31st January 2023.

(AMIT BORKAR, J.)